2007.2

Historical Sciences

S.P. Markova
Testaments from the York Archiepiscopate’s Archive of the epoch of classical Middle Ages

In the paper, an analysis is made of the last wills and inventories (testaments) of inhabitants of the York County made in the 14-15th centuries, which were registered and affirmed in a curia of the York Archiepiscopate.

A.K. Cheucheva
The Ottoman Empire and Northwest Caucasus in the 18th century

The paper discusses the questions related to a policy of the Ottoman empire in the Northwest Caucasus in the 18th century, the purpose, tasks and methods of the policy, as well as the ports in the North Caucasian region.

V.N. Maltsev
Formation of the central government bodies in the Caucasus: the 6th Temporal Branch and Committee on affairs of the Transcaucasian district (1842-1845)

The paper examines one of the aspects of setting up of the Russian policy in the Caucasus in the 19th century, namely the reasons of establishment and an initial stage of activity of the Petersburg institutions related to administrating in the Caucasus: the 6th Temporal Branch of the Office of His Own Imperial Majesty and Committee on affairs of the Transcaucasian district.

L.D. Fedoseeva
Interests of Russia and Turkey in the North-West Caucasus in the first half of the 19th century

In this paper, the author examines the foreign policy relating to the Northwest Caucasus in the first half of the 19th century, reveals preconditions and the reasons for the Russian and Turkish political orientations of Adyghes, the attitude of different social groups of the Adyghe society to a policy of powers and conductors of the foreign influence.

A.V. Belikov
Migration policy of Russia after a cancellation of the serfdom and “Regulations about populating foothills of the western part of the Caucasian Ridge by the Kuban Cossacks and other immigrants from Russia” of May 10, 1862

In the paper, a migration policy of Russia after a cancellation of the serfdom is analyzed. Alexander's II government, interested in the prompt land development in the North-West Caucasus where the Caucasian War was finished, passes laws, stimulating migration of nonresidents to the Kuban Cossack army. The special place among migration laws is occupied by “Regulations about populating foothills of the western part of the Caucasian Ridge by the Kuban Cossacks and other immigrants from Russia” of May 10, 1862, after passing of which active moving of nonresidents to Kuban began.

E.F. Krinko
“Here we are in one of the largest meat grinders in the world …”: faces and images of the Second World War in Ernest Junger's diaries

An analysis is made of the book of diaries “Radiation” of the well-known German writer and thinker E.Junger as an original source on history, psychology and philosophy of the Second World War. The opportunities and prospects of its use by researchers to understand the phenomenon of war are examined.

K.S. Ozheva
Care concern of the population and party organizations of the Northern Caucasus for soldiers of the Red Army during the Great Patriotic War

An analysis is made of the activity of the Soviet authorities in the organization of the help to injured soldiers and officers during the Great Patriotic War. Multidimensional activity of regional authorities and Young Communist League on the organization of hospitals is disclosed. The author describes the activity of republican, regional, regional party organizations, including North Caucasian on the organization of patron works of the enterprises on the equipment of hospitals, on transportation of injured, on provision with food stuffs etc. On the basis of the analysis of archival documents, the author shows patriotic movement on saving soldiers in hospitals using donor blood. It is concluded that owing to this 61,5% of soldiers and officers were returned to the Red Army.

T.P. Khlynina
The effect of the displaced prospect: social shocks of time in space of historical anthropology

The paper is devoted to anthropological investigation of revolutionary time in space of which the vital worlds of the depersonalized social structures and real people collide. Research opportunities of historical anthropology with reference to the current and perception of events of the Russian revolutions of the last century are analyzed in detail.

F.K. Dzhigunova
Social and genderage gradation of Early Medieval burials in the Transkuban territory

The paper gives data on features of a funeral ceremony of the Early Medieval population in the Transkuban territory. An attempt is undertaken to characterize separate elements of the ceremony in terms of their gender-age and social belonging.

F.H. Shebzukhova
Social policy of the government of the USSR (Russian Federation) in a village in the 1960-1990s: setting up of a problem (as shown in the Adygheya Republic)

In the paper, the author gives the comparative analysis of a social policy of the government of the USSR (Russian Federation) in a village in the 1960-1970s, estimated today as the beginning of stagnation, and in the period of perestroika. An attempt is undertaken to define a crisis situation in social sphere.

An attempt is undertaken to investigate social bases of peasant farms in the Adygheya Republic. For this purpose, motives of the peasants becoming farmers and difficulties with which they met, are analyzed. Classification of peasant farms by a place of residing of heads of the family is offered. The problem of attraction of city dwellers to become the farmers and difference in the approach to housekeeping of rural and city dwellers are examined as well. The current archives of the Union of the Adygheya farmers, in particular data of Credentials Committees, the field material, MASS-MEDIA data etc. were used as sources.

L.R. Khut
“Do you want the killing of cats to stop?” (Testing as a way of examination of a student-historian: speculations of a higher-school teacher)

The author of the paper, a higher-school teacher of a modern history of the countries of the West and a historiography of a new and contemporary history, having more than 20-years experience of work, speculates on whether or not testing as a way of examination of a student-historian is adequate to requirements of modernization of the system of higher historical education in Russia.

Philosophical Sciences

A.Y. Chadje
The North Caucasian society: the theory and methodology of research

The paper offers some methodological and theoretical bases for making researches of the North Caucasian society. Those include the analysis of basic preconditions of the North Caucasian society, a study in the context of a post-non-classical science, strengthening interdisciplinarity and multi-paradigmality, critical use of concepts of foreign researchers, consideration of specificity of the region etc. Self-identification is examined as a basis of reproduction of the North Caucasian society under condition of combination of ethnic, North Caucasian and Russian national identities. A study of the impact of globalization on a multi-ethnic society shows that it is necessary to develop social-cultural values of a traditional society.

E.A. Panina
Middle class people as a special social-cultural category in stratification structure of Adygheya Republic

In the paper, the author examines modern domestic and foreign approaches to delimitation of middle class people, describes criteria for belonging to middle class people and gives the analysis of the empirical material revealing the contents of valuable potential of middle class people using an example of Adygheya Republic.

In the paper, the author carries out investigation of the social and cultural sphere, undertakes the theoretical-research tasks of sociology of this sphere, reveals the problems existing in the social and cultural sphere and offers directions of its sociological research.

D.Z. Khamdokhov
The state of social health in a “small” multicultural society (as shown in the Kabardino-Balkarian Republic)

Using an example of the Kabardino-Balkarian Republic, the author analyzes the state of social state of health of citizens in various spheres of life and determines specific regional features and new directions for overcoming negative side effects.

Economic Sciences

A.A. Kerashev, V.V. Teshev
Methodical approaches to an estimation of steady development of the organizations of consumers' cooperative society

In the paper, the authors examine and systematize parameters and indicators of steady development as a tool of achievement of steady development of the organizations of consumers' cooperative society. Kinds of stability and the factors influencing stability are considered as well.

A.A. Kerashev, M.K. Tamova
Methodical bases of the estimation of the region’s competitiveness as a factor of realization of its competitive advantages

The paper discusses the region’s competitiveness as a factor of realization of its competitive advantages. Regional competitiveness is one of estimation parameters, therefore this concept can be concretized by various aspects depending on the decided tasks.

V.G. Piteev
Marketing and its place in management of the organization’s competitiveness

The author examines marketing as a market component of management and its role in initiating efforts for ensuring effective innovational activity – the central element of ensuring the competitive organization.

B.R. Tuova
Regional economic strategy of the development of the innovational market by creation of a technical and ecological urban zone (technoecopolis) in the territory of Adygheya Republic

The paper examines the resource base and infrastructural components of Adygheya Republic, the normative-legal basis of creation and development of the innovational research-and-production technoecopolis in the territory of Adygheya Republic for application of available resources in research and laborious innovational projects, in the state programs of support of the innovational information and communication enterprises and in national projects. The opportunity of attraction of investments in the region can be realized by creation of the promising regional organizations working in innovative – industrial sphere. The model of technoecopolis with the detailed description of various spheres of influence on the social and economic situation in Adygheya Republic is given.

A.U. Ushkho
Principal bases of construction of models for development of regional social and economic systems

In conditions of intensive development of regional economic complexes, management by them is possible only under condition of presence of an information database on the dynamics of their functioning. The database can help one to create a real model of the social and economic system and to trace the qualitative changes occurring in it. The important direction of perfection of regional modelling is a study of the social and economic changes, in particular structural and cyclic changes that assume transition from static models to dynamic.

In the paper, the author examines the questions of perfection of approaches to management of regional agriculture and industrial complex and to an increase of stability of its development. In this context, using an example of a grain subcomplex of the agrarian and industrial complex of Krasnodar territory, the author offers a modern cluster method of management as the most promising for the regions with basic absolute and relative stability of development of regional economy.

Sciences of Law

L.N. Burkova
A mortgage of the grounds of agricultural assignment: problems of legal regulation

An analysis is made of the normative-legal acts regulating the mortgage of the real estate for the purpose of revealing problems of legal regulation, as well as the specific norms determining a legal regime of a mortgage of the grounds of agricultural assignment. The author makes an analysis of the Federal Laws “On the mortgage (on the pledge of the real estate)” and “On a revolution of the grounds of agricultural assignment”, and compares them in terms of completeness of legal regulation and collisions of a pledge of the grounds of agricultural assignment.

N.I. Gerasimova
Problems related to protection of subjective rights of citizens in the medical-social sphere

In modern conditions, education, medical services and social security have a special urgency and a social orientation. In conditions of a postindustrial society these services are important not only for the poor layers of the population but also for the most part of a society. The purpose of these services is assistance and sometimes direct providing the person with worthy life and free development. This paper is aimed at investigating problems related to protection of subjective rights of citizens in the medical-social sphere.
During research the following conclusions were made. It is inadmissible to carry out social services extremely from the point of view of needs of socially unprotected public groups. The enacted Civil Code of the Russian Federation does not make differentiation of social services in view of their specificity. It is necessary to establish, within the framework of special regulation, the more detailed rules regulating granting to citizens of medical aid in various forms.

S.G. Dzybova
Basic laws of transformation of the Russian legal system in the post-Soviet space

The paper disclose the basic laws of transformation of the legal system of the Russian Federation in conditions of the post-Soviet development, namely: a priority of rights and interests of the person; creation of conditions for transition to legal statehood, increase of a level of sense of justice in citizens and society as a whole, perfection of the legislation etc. It is concluded that the basic direction of development of the Russian legal system is construction of a lawful state on the basis of the advanced civil society where the human rights really provided, guaranteed and protected by the state would act as the central part, the supreme value.

In the paper, the analysis is made of a principle of justice at setting punishment. The author describes the concept, discloses the essence and shortcomings of legislative definition and studies mechanisms of realization of a principle in criminal practice. It is inferred that justice is manifested at various levels, namely general legal, branch and institutional. The principle of justice fills with the legal contents not only the law-application activity, but also the entire process of legislation: from the criminalisation of actions up to differentiation of the responsibility.

L.R. Zaoeva
A connection of education and training during preparation of specialists at the Faculty of Law

The paper raises the question of a crisis situation in the field of spiritual life of modern youth, in particular students of the Faculty of Law. The future lawyers should have such qualities as high civism, intellectuality, morals, skill to communicate, a high humanistic orientation, fairness, adherence to principles and independence in accepted decisions. The essence of joint pedagogical activity of teachers and assistants to the dean on educational work is to help students be prepared for life, develop diligence, respect rights and freedom of the person, love the native Land, family, a nature, display the active vital position directed to perfection of our society, be integrated in national and world culture. In order to solve this problem at the Faculty of Law the author offers cooperation and uniform requirements of teachers and assistants to the dean on educational work.

E.M. Kurbanova
Procedure and organizational bases of the seizure of documents

The paper describes requirements, obligatory for observance during the seizure of documents, as well as some tactical bases of preparation and organization of seizure.
In the paper, the all-round analysis is made of the essence of the seizure of documents as a separate investigatory action. The author carries out a research on tactical, procedure and organizational aspects of the seizure of documents. Seizure is the independent investigatory action consisting in withdrawal of certain subjects from an established place. The procedure basis for manufacturing seizure is the motivated decision of the investigator. In manufacturing the seizure of documents, containing the data of state secret the sanction of the public prosecutor or his assistant is necessary. Tactical methods of realization of seizure are suddenness, completeness, activity and a system. Specificity of their application depends on objects of seizure and on other factors. Concerning seizure of subjects the special attention is paid to carriers of the electronic information.

The paper discusses normative-legal regulation of settlings with payment orders. It is inferred that settling with payment orders is carried out by the payer, as a rule, for the purpose of appropriate execution of the liability before the addressee of the means, arisen from the contract concluded between them. The payment order is the most widespread form of clearing settlements. The payment order is an analogue of the term “credit card payment” used in the international bank practice.

E.I. Pshizova
Preventive measures against the crimes related to infringement of labour rights of citizens

Preventive measures against the crimes are regarded as the activity of the state and a society, directed against criminality with the purpose of its deduction at minimally possible level by means of influence on the reasons and conditions inducing it. The paper examines the actions carried out by law-protective and specialized bodies with a view of the prevention of the crimes encroaching on labour rights of citizens. It is inferred that preventive measures against crimes are productive provided the scheduled activity of these bodies is coordinated and regular.

M.V. Saakyan
An analysis of problems related to use of drugs in Russia at the present stage

The paper discusses problems of narcotism in modern Russia, in particular the condition of the market of narcotic services, a crime rate connected with drugs, legal methods of struggle with narcotism in the state, mechanisms of legal interaction of the countries of the CIS in counteraction against drug business etc. The legislation plays important but not the main role in struggle against criminality. A variety of the reasons and the conditions inducing criminality in sphere of drug business predetermines a variety of means of struggle against it. The most effective will be the measures that influence these reasons directly, i.e. reform a system of criminal justice, provide it with staff and the finance and improve a system of preventive measures.

The importance of the institute of proofs in the Russian criminal legal procedure causes necessity of its studying by the all-round analysis of the criminal - procedure norms regulating the concept and legal properties of proofs. The proofs obtained with violation of requirements of the criminal – procedure code of the Russian Federation are inadmissible. Basing on the results of studying judiciary practice, the Plenary Session of the Supreme Court of the Russian Federation has established criteria according to which the proof should be regarded inadmissible. The analysis of the criminal – procedure law indicates that not all sorts of violation of the law entail recognizing the proof inadmissible. By virtue of a principle of competitiveness, at a stage of consideration of criminal case in essence, the court cannot and should not act as the initiator of recognizing proofs inadmissible.

M.M. Tkharkhako
The origin and development of the institute of presidency in foreign countries

The establishment of a post of the President in the Russian Federation causes a heightened interest of the public to the institute of presidency till now. In the paper, the author analyzes theoretical aspects of setting up of presidential authority in the various countries and regions of the world. The paramount attention is given to the process of creation of the institute of presidency in the USA, France, Switzerland and in the countries of Africa. In spite of the fact that the status of the head of the state is universal, existence of some models of presidency reveals their dependence on various political modes and different types of a state system. Moreover, the certain type of presidency corresponds to the certain type of the state board there. Thus, in presidential republic the president is the leader of the country, combining functions of the head of the state and the head of the government, directly supervising over the governmental policy. In semi-president republic the president acts frequently as the arbitrator in relations between the government and parliament. In conditions of parliamentary republic the president is the supreme official having high moral authority and representing the country in many official acts of the government. Having a number of the constitutional powers, the president can resolve many problems of the state development effectively. Experience in development of the institute of presidential authority in the different countries is undoubtedly useful during formation of similar institute in Russia.

The paper discusses some questions related to the status of the Ombudsmen revealing the general specific features of this institute in the various countries, the value of the Ombudsmen and the mechanism of its activity. Theoretical aspects of the institute of the Ombudsmen are examined. The author makes the comparative analysis of this institute with law-protective bodies of foreign countries. The institute of the Ombudsmen is founded with a view of providing citizens with guarantees of the state protection of rights and freedom, their observance and respect by the state institutions of local government and by officials. This is a rare type of the state-legal institutes which is capable to updating, not changing the basic nature and the contents.

In the paper, legal regulation of cooperation is analyzed from the point of view of historical development. The purpose of research is the analysis of the pre-revolutionary cooperative right. Cooperation is one of numerous political and public organizations. Rough growth and intensification of activity of cooperative companies is marked during the years of crises, in particular in 1865-1917. In pre-revolutionary Russia, theorists of cooperative movement have developed and have fixed principles and the basic components of the mechanism of functioning of cooperation in normative and legislative acts.

Z.M. Khatkova
The place of court decisions in a system of constitutional law sources in the Russian Federation

This study examines the concept, attributes and functions of sources of the law, as well as the system of sources of a constitutional law of the Russian Federation. An analysis is made of the role and the place of the decision of the Constitutional Court of the Russian Federation and the constitutional (authorized) courts of the subjects of the Russian Federation in a system of constitutional law sources. The source of a constitutional law is understood as the normative act containing constitutional-legal norms. Basing on the results of research the author justifies the inclusion of new kinds of sources, including certain court decisions, in a circle of the law sources in Russia.

The paper is devoted to researches of the essence and economic contents of information relations in a society. On the basis of the theoretical analysis of the essence and the contents of information relation as a special kind of public relations, its two components, connected with production relations and relations with the person, are analyzed. Information relations make a material basis of any advanced society. In turn, the subjective right on information resources is the legal form of fastening economic relations.

In the paper, the author investigates legal consciousness as a form of public consciousness, its role in modern public life. The sense of justice and its role in life of a society are undoubtedly huge. The sense of justice is an organic component of law protection and law realization, it carries out a role of their mechanism and the tool. The higher a level of sense of justice, the stronger is legality and the law and order.

A.M. Chadje
The actual problems of efficiency of the Russian legislation at the present stage

In the paper, the author examines the basic problems of efficiency of the Russian legislation in conditions of transition to market economy and democratic state, defines criteria for an estimation of efficiency of laws and offers the basic directions of the decision of the revealed problems. Efficiency of the legislation is one of the qualitative characteristics facilitating the achievement of purposes put by legislator. The effective legislation defines reasonably the purposes and tasks of legal regulation, as well as means for their achievement. And on the contrary, if the purposes are not correctly determined in the law, inaccuracy is admitted in a choice of means, the law does not give expected result and does not promote performance of primary goals of the state.

M.G. Chadje
Problems related to searching for property of the debtor-organization, to sequestrating and valuating property

The paper discusses the problems related to searching for property of the debtor-organization, to sequestrating and valuating property. Realization of these actions is based on rules of law containing in federal laws “On executive activity”, “On estimated activity in the Russian Federation” and others. However the analysis of a legislative file allows a conclusion that there is “colliding” of norms of various federal laws, inconformity of a terminology that frequently results in double interpretation of the law. The author arrives at a conclusion that these problems are acute nowadays and require investigation and interpretation.

S.K. Shazzo
The origin and development of the Russian legislation concerning the responsibility for robbery

The author examines the basic laws and stages of the development of the Russian legislation on the responsibility for property crimes and makes an analysis of its modern state. The special attention is given to the analysis of legal regulation of robbery in a history of the Russian legislation since scientists-lawyers pay attention to frequent displays of this dangerous crime in our country. Robbery is caused by the character and by a degree of public danger of the crime itself and by complexity of its content. In this connection of special urgency for a science of criminal law and law-application activity of law protection bodies are problems of increase of efficiency of struggle against robbery by means of application of criminal – legal norms.

I.A. Shcherbovich
On regulation sources of the competitive process in Russia in the 19th century

The paper discusses historical and legal aspects of the development of the competitive process in Russia in the 19th century. The author makes an analysis of competitive process as an element of the institute of bankruptcy, examines kinds of an inconsistency, sources of regulation of competitive process etc. It is inferred that the institute of bankruptcy is not a short story of the Russian legislation. Just the legislation of the 19th century has allowed the institute of competitive process to acquire a form quite completed for that epoch.

Political Sciences

Z.A. Zhade
Geopolitics: a theoretical retrospective show of ideas

The paper is devoted to the analysis of genesis of the western and Russian geopolitical ideas. The author justifies a thesis that an increase of a role of geopolitics in the modern world is caused by the political changes related to disintegration of a bipolar model of the world and to the desire of the post-socialist countries to define the new status in connection with new interpretation of their identity.

An analysis is made of modern problems of ensuring the national safety of the Russian Federation that have complex, many-sided character. Successful development and existence of Russia as a sovereign state is impossible without ensuring its national safety. Information safety of a society and the state is defined by a degree of their security and, hence, by stability of the basic spheres of life constant for dangerous, destabilizing, destructive information impacts restraining interests of the country at a level of both introduction and extraction of the information.

In the work, the author examines necessity of the solution of ethnic problems in the political-legal key. This is the most effective way of achievement by mankind of satisfaction of the national requirements and interests by granting to all great and small peoples of the right and a real opportunity of political self-determination on a dominant basis: “All peoples have the right to self-determination. By virtue of this right they freely establish the political status and freely provide the economic, social and cultural development”. Various sources to support the author’s opinion are given in the paper.